King v. United States

Type

Opinion of the Court

Author

Arthur J. Gajarsa

Filed

Dec. 19, 2002

Case

King v. United States

Case status

Decided

The first passage of the document, as extracted by the source provider.

DECISION GAJARSA, Circuit Judge. Major Philip King appeals from the United States Court of Federal Claims, which granted the government’s motion for summary judgment and denied Major King’s cross-motion for summary judgment. King v. United States, 50 Fed. Cl. 701 (2001). We affirm because we agree with the Court of Federal Claims that the Air Force’s method of recommending officers for promotion does not violate 10 U.S.C. §§ 616 and 617 (2000) and that the issue of Major King’s reassignment to another Air Force Base was nonjustieiable. BACKGROUND The background facts of this case are fully set forth in the opinion of the Court of Federal Claims. See King, 50 Fed. Cl. at 702-03 . The salient facts, however, are noted here. In 1988, Major King was transferred from Minot Air Force Base in North Dakota, where he was serving as Chief of Airfield Management, to Offutt Air Force Base in Nebraska, where he eventually was assigned to the position of Plans Officer. In 1989 and 1990, Major King was considered for promotion to Lieutenant Colonel, but not promoted. He was mandatorily retired from the Air Force in 1992 because he twice failed to be promoted to the next higher grade. See 10 U.S.C…

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